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MINUTES – MENDHAM TOWNSHIP COMMITTEE Mayor Pierson called the meeting to order at ROLL CALL
Present:
Mayor Pierson, Mr. Phelan, Mr. Schrier, Mr. D’Emidio,
Mr. Krieg (arrived at
Absent:
Also Present: Roger S. Clapp,
Esq., Township Attorney
Penny Newell, Township Clerk SALUTE TO THE FLAGMayor Pierson read the following
statement: STATEMENT OF ADEQUATE NOTICE: “Adequate notice of this meeting of the Township Committee of the Township of Mendham was given as required by the Open Public Meetings Act as follows: Notice was given to the Observer Tribune and the Daily Record on January 15, 2004; Notice was posted on the bulletin board in Township Offices and Notice was filed with the Clerk on January 15, 2004.” APPROVAL OF MINUTES –
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Department
Amount
Name
Recommended |
Funding
Sources Capital
Capital
Grants/
Open Space/ Improvement
Surplus
Donations
Trust |
Debt Authorized |
|
|
|
|
|
General
Gov’t Total
$950,000.00 |
$39,750.00
$5,000.00 $75,000.00
$75,000.00 |
$755,250.00 |
|
Sewer
Capital Total
$1,680,000.00 |
$4,750.00
0 $550,000.00
0
|
$1,125,250.00 |
|
Brookside
Fire.Total
$69,000.00 |
$3,450.00
0
0
0 |
$65,550.00 |
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Ralston
Fire Total
$68,000.00 |
$3,200.00 $4,000.00
0
0 |
$60,800.00 |
|
Twp
Fire Total
$36,000.00
|
$1,800.00
0
0
0 |
$34,200.00 |
|
Police
Total
$54,000.00 |
$7,400.00 $29,000.00
$10,000.00
0 |
$7,600.00 |
|
First
Aid Total
$10,000.00 |
$500.00
0
0
0 |
$9,500.00 |
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Roads
Total
$817,000.00 |
$30,850.00
0 $150,000.00
0 |
$636,150.00 |
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Bldgs
& Grnds Total
$46,000.00 |
$1,900.00
$8,000.00
0
0 |
$36,100.00 |
|
Recreation
Total
$14,000.00 |
$2,500.00
$4,000.00
0
0 |
$7,500.00 |
|
Grand
Total
$3,744,000.00 |
$96,100.00
$50,000.00 $785,000.00
$75,000.00 |
$2,737,900.00 |
Mr. Phelan made a motion to adopt R2004-106; Mr. Schrier seconded the motion.
ROLL CALL – All present voted YES.
5. Upon motion by Mr. Schrier, seconded by Mr. D’Emidio, Jesse Smith was appointed to the Tree Protection Committee.
6. Request for Fireworks Display permit by Irenes’ Spring Tree Farm. Mayor Pierson noted that past policy has been to permit fireworks displays only on municipal property for the enjoyment of all citizens. Mr. Phelan made a motion to deny the request by Irenes’ Spring Tree Farm; Mr. Schrier seconded the motion. ROLL CALL – All present voted YES.
7. Resolution R2004-107
RESOLUTION AMENDING RESOLUTIONS R98-134, R2000-109, R2001-100, R2002-104 and R2003-92 OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MENDHAM, IN THE COUNTY OF MORRIS, NEW JERSEY, ADOPTING RULES AND REGULATIONS RELATING TO OBTAINING A PERMIT TO HUNT WITHIN THE TOWNSHIP OF MENDHAM
WHEREAS, in order to promote greater safety in hunting in Mendham Township, the Mendham Township Committee believes that it is advisable to require hunters, who do not own or lease the property on which they hunt, to obtain a Township hunting permit.
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Mendham, in the County of Morris, New Jersey, that the following Rules and Regulations for obtaining a permit to hunt with Mendham Township are hereby promulgated pursuant to Section 3-7.4(b)(1) of the Mendham Township Ordinance Code;
1. The authorized agent of the Mendham Township Committee for the purposes of
issuing permits to discharge firearms or use bows and arrows or hunt within the Township shall be the Mendham Township Police Department.
2. Applications for permits shall be upon forms furnished by the Police Department and
shall include the name, address and telephone number of the applicant; description and identification of motor vehicle; State hunting license number; identification of area where firearms discharge or bow and arrow activity (hunting) is to take place; the signed consent of owner of the subject premises, including any restrictions imposed by the landowner.
3. The Township Police Department may establish deadlines for the filing of
applications.
4. A permit may be issued in the name of a hunting club provided the club is a nonprofit
corporation in good standing and submits a copy of its filed certificate of incorporation. A property owner may sign a single written permission which will be effective for the members of such a club whose names are attached to the permission. Each club member must carry the permission and in all other respects must comply with the Township requirements for a Township hunting permit.
5. Permits may only be issued to hunt with a firearm on properties of five acres or more
and to hunt with a bow and arrow on properties of three acres or more. Properties of less than the minimum five acres for firearm hunting and less than the minimum three acres for bow and arrow hunting may be combined with no more than three contiguous properties to achieve the minimum acreage, provided that all three contiguous property owners agree. However, the Wildlife Management Committee shall review the particular combination before hunting takes place. The Committee shall review requests on a case by case basis taking into account the unique specific factual circumstances such as but not limited to, the location of buildings, line sight and terrain. Once the combination of up to three contiguous properties for the purposes of hunting has been reviewed by the Wildlife Management Committee, those owners shall register the combination of properties with the Mendham Township Police Department.
6. All hunters must have a valid hunting license issued by the State of New Jersey for
the current hunting season.
7. All hunters must have viewed the video tape and completed the Mendham Township
Committee approved Hunter Orientation Course that is given by the Mendham Township Police Department.
8. The Police Department shall issue appropriate permits and decals for those
applications found to be in order. One permit and decal(s) shall be issued for a fee of $10 for a one year period commencing July 1 and expiring June 30.
9. The decal shall be affixed to the rear bumper of the hunter’s vehicle.
10. In the event a permit is refused by the Police Department, the applicant may request
and shall be afforded a hearing within thirty days before the Police Committee of the Township Committee. Subsequent to such hearing the decision of the Police Department may be modified, affirmed or reversed. In the event of reversal, a permit shall be issued forthwith.
11. Each permittee shall be furnished with copies of this resolution and Ordinance 20-98.
12. To assist in the implementation of Ordinance 20-98 and this resolution and to assist
the Police Department in the formulation and conducting of a Hunter Safety and Orientation Course, there shall be a Wildlife Management Committee comprised of not more than five persons: (1) not more than three Township residents appointed by the Township Committee who shall serve at the pleasure of the Township Committee, (2) the Chief of Police, and (3) a member of the Township Committee.
13. In the event a deer is wounded on huntable land and runs to adjacent non-huntable
or posted land, the hunter should seek permission from the adjacent property owner to claim the wounded animal. In the event permission is denied, the hunter shall withdraw immediately, report the location of the wounded animal to the Police Department as soon as practicable, and consider the matter closed.
14. In the event a permittee violates any provisions of Ordinance 20-98, the State Fish
and Game law, these regulations or the consent of the owner of the subject property, the senior officer of the Police Department on duty may immediately take the Township hunting permit and summarily revoke the permit and that person shall be ineligible to obtain a Township hunting permit for the following three years. The Police Department shall also have the power to impound the weapon as evidence.
15. Hunters obtaining hunting permits from Mendham Township shall indemnify and hold
Mendham Township harmless from all suits, judgments, costs, fees and liabilities arising out of or related to the hunting activities of the hunters. The application form for the hunting permit shall set forth the hunter’s promise to indemnify and hold the Township harmless.
Mr. Schrier made a motion to adopt R2004-107; Mr. D’Emidio seconded the motion.
ROLL CALL – All present voted YES.
8. Resolution R2004-108
RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MENDHAM, IN THE COUNTY OF MORRIS, NEW JERSEY, TO ESTABLISH DATES FOR HUNTING FROM TREE STANDS ON TOWNSHIP OWNED NATURAL AREAS
WHEREAS, the Township Committee appointed a Wildlife Management Committee to advise the governing body on matters involving non-domestic animals; and
WHER EAS, the Wildlife Management Committee has recommended that deer hunting, from tree stands only, be allowed according to the following calendar schedule and permitted number of hunters at any one time in the natural areas:
q Shotgun deer hunting from tree stands in Buttermilk Falls (10 Hunters), Burnett Brook (6 Hunters), Meadowood (4 Hunters) and Seeing Eye (5 Hunters) Natural Areas on November 22-24 and 26; December 6-11; December 15-17, 2004 and January 5,12,19,22,26 and 29 and February 5 and 12, 2005. These areas will be closed to the public on the dates listed above.
q Bow and Arrow deer hunting from tree stands in Tempe Wick (6 Hunters), Seeing Eye (4 Hunters), Burnett Brook (4 Hunters), Meadowood (4 Hunters) and Cold Hill Preserve (5 Hunters) from September 11 – November 30, 2004 during the period from 3:00 p.m. until one half hour after sunset Cold Hill Preserve and the Seeing Eye Property will also be open to hunting from one-half hour before sunrise until 9:00 a.m. from September 11 – November 30, 2004. These areas will be closed to the public during these hours.
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the
Township of Mendham, to approve the schedule noted above and to authorize that appropriate measures be taken to post the Natural Areas to note the dates and hours of closure to the public.
BE IT FURTHER RESOLVED that the Mendham Township Wildlife Management Committee is responsible for scheduling hunters with valid permits in the parks.
Mr. D’Emidio made a motion to adopt R2004-108; Mr. Phelan seconded the motion.
Mr. Schrier asked if anyone knew how many deer are left in the Township? He said that no aerial survey has been done and he is not recommending one, however, he thinks the Township Committee should press the Fish & Game Council to get an accurate count. He requested information from the Police Dept. regarding the number and location of deer/car accidents.
ROLL CALL – Mr. Phelan, Mr. D’Emidio and Mayor Pierson voted YES. Mr. Schrier voted NO.
Mayor Pierson noted that some hunting will be allowed in the Schiff Natural Lands Trust property and hunters must demonstrate proficiency in bow & arrow and shotgun before being allow to hunt on the property.
9. David Tillisch was recognized as a new member of Brookside Engine Company No. 1.
10. Mr. Schrier asked that the Committee consider a prohibition on professional landscapers working in the Township on Sundays. He cited numerous complaints about excess noise. Mr. D’Emidio asked what, besides the obvious, makes Sunday different from any other day of the week. Mr. Clapp said he has seen such prohibitions on times of operation, but that doesn’t address the noise issue. He thinks a prohibition making a distinction of types of machinery and/or a time limitation would be defensible in residential zones. Mr. Schrier said he is not interested in prohibiting an individual landowner, he is concerned with the noise level associated with a crew of 3-5 workers all operating machinery at the same time. Mr. Clapp asked Mr. Schrier about identifying types of equipment and Mr. Schrier suggested “power equipment.” Mr. D’Emidio said that Sunday is a traditional day of rest, however, different religions have days other than Sundays. Mr. Schrier said his suggestion is not motivated by religious observances. Mayor Pierson asked the Committee members to think about this and be prepared to discuss it at the next meeting.
ADMINISTRATOR REPORT
1. Mr. Mountain reported the architect has been asked to finalize the site plan for the Municipal Complex as discussed by the Committee. Mr. Balut has staked out the site of the new firehouse and Mr. Aubin has been in contact with the DEP to establish a pre-application meeting date. Mr. Phelan asked the Committee to look at the amount of floor space for municipal offices that would be lost to an addition to the building for the police department as indicated in an analysis done by Mr. Mountain. Mr. Phelan suggested, in recognition of the analysis, revisiting previous discussions about keeping the same footprint as the existing police headquarters by tearing down the building and rebuilding a two story structure. Mr. Mountain said that Mr. Aubin sees no obstacle to rebuilding in the existing location as far as permitting by the DEP is concerned. Mr. D’Emidio said he is disappointed that there still is no timeframe for the project. Mr. Phelan said the decision about police headquarters should have no impact on the firehouse and by breaking the project into several smaller projects the permitting process would be expedited. Mr. D’Emidio wants the project to be done right or not at all. Mr. Phelan feels it is time to move ahead on the firehouse portion of the site plan and made a motion to proceed with the permitting process based upon the finalized site plan; Mr. Schrier seconded the motion. ROLL CALL - All present voted YES.
2. Mr. Mountain indicated that the 2005 capital budget process is underway and he will provide dates for budget workshops in the near future.
(Mr. Krieg arrived at this point in the meeting)
3. Mr. Mountain reported on a meeting he attended, along with Mayor Pierson and Chief Costanza, to discuss the Washington Township dispatch issue.
4. Mr. Mountain said that Mr. Schrier suggested a discussion of the proposed state equine rule proposal that would expand the right-to-farm protected activities to include equine activities. He noted that Mendham Township has several facilities. After some discussion the recommendation was to obtain a copy of the County’s comments and authorize the Mayor to send a letter to the State Agriculture Development Committee indicating the Township’s concurrence with Morris County’s comments.
5. Mr. Mountain and Mr. Balut met with a potential developer of the Ko subdivision who indicated a possible agreement by late Fall with construction beginning in the Spring of 2005. A final decision is anticipated in 2-4 weeks.
6. Mr. Mountain said there will be a dedication of the Clyde Potts Patriot’s Path Trail Extension on October 16th at 10:00 a.m.
7. Mr. Mountain expects Mr. Clapp’s revised water supply contract between the Township and Randolph Township to be finalized by week’s end.
OPEN ITEMS LIST
The Open Items List was reviewed and updated.
CORRESPONDENCE
1.
Mendham Swim Team/Thanks
for support
2.
NJSLOM/Headquarters
expansion and relocation
3.
NJSLOM/Mayor Fax Advisory
(7)
4.
Assembly Resolution
191/encourages volunteerism
5.
Assemblyman DeCroce/ACR
181; Governor resignation
6.
NJDEP to Woodland
Lakes/Compliance Evaluation
7.
Morris County Improvement
Authority/Guaranteed Leasing Program
8.
Senator Bucco/Various
Grant Applications
9.
DEP Commissioner
Campbell/Jockey Hollow GS Camp
Mayor Pierson suggested that a letter from Ralph Rhodes regarding the speed limit on Roxiticus Road north of Mendham Road West be forwarded to the Police Chief.
APPROVAL OF BILL LIST
The Township Committee approved the charges listed by department which list is attached hereto and made a part hereof.
HEARING PERSONS PRESENT
Upon motion duly made and seconded the meeting was opened to the public.
Pat Zimmerman, West Main Street: expressed concern that there is no requirement for professional landscapers to pull their trailers off public roads. She also agrees with Mr. Schrier’s earlier remarks about prohibiting landscaping contractors from working on Sundays due to the noise level. Referencing the discussion about the Municipal Site Plan, she agrees that it makes sense to keep Police Headquarters in the existing location.
Phyllis Florek, Prudence Lane: asked about the current ordinance that places limitations on certain noise. It was noted that ordinance addresses construction noise and does not apply to landscaping noise.
There being no others present who asked to be heard, upon motion duly made and seconded the meeting was closed to the public.
Upon motion duly made and seconded the Committee went into closed session at 10:05 p.m. The proposed lease for an apartment at India Brook Park was discussed. Police overtime and personnel matters were discussed. The need for a temporary additional plumbing inspector was addressed and will be memorialized by resolution upon return to open session. Issues related to Board of Education construction permit violations and the Joint Library were also discussed by the Township Committee.
Upon motion duly made and seconded the Committee returned to open session at 11:22 p.m.
Resolution R2004-109
RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MENDHAM, IN THE COUNTY OF MORRIS, NEW JERSEY, APPOINTING EMPLOYEE TO THE POSITION OF PLUMBING INSPECTOR
WHEREAS, Craig Smith, Mendham Township Plumbing Subcode Official, has found it necessary to temporarily reduce the number of hours he will be available to perform plan review and inspections in the Township; and
WHEREAS, Craig Smith will continue in the position of Plumbing Subcode Official and will perform plan review at the rate of $30.00 per hour; and
WHEREAS, as a result of the reduction in hours of the Plumbing Subcode Official, a need has arisen for the services of a part-time plumbing inspector in the Construction Code Office; and
WHEREAS, the Construction Code Official has recommended the appointment of Dominick Carnevale to the part-time position of plumbing inspector at the rate of $30.00 per hour.
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Mendham, that Craig Smith, Plumbing Subcode Official, will be paid at the hourly rate of $30.00 and Dominick Carnevale, Plumbing Inspector, will be paid at the hourly rate of $30.00 effective September 13, 2004.
Mr. D’Emidio made a motion to adopt R2004-109; Mr. Phelan seconded the motion.
ROLL CALL – All present voted YES.
There being no additional matters to come before the Committee, upon motion duly made and seconded the meeting adjourned at 11:25 p.m.
Respectfully submitted:
Penny Newell, Township Clerk
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